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"Chaining Leviathan" A Response
Author's Note: This article was written as a reaction/response to a couple of postings over at Dio's place. It is intended as a complement to the ideas that Dio laid out, not as a criticism. 1) I wrote this as my reaction to the "long train of usurpations and abuses" that we all are experienceing. I read parts of the Federalist and Antifederalist Papers many years ago, and I know I need to go back and read them. I did not want to have the initial drafts be unduly influenced by late 18th Century political theorizing, so I've written first. 2) What you see here is the fifth revision. I find that as I further delve into the minutiae my focus is starting to wander, and since the original Constitution had many inputs, it is time to let others take their turn. 3) In my zeal to rein in Congress especially and the Government generally I have not taken into account the Law of Unintended Consequences, so it would be helpful if some of you would read this from the perspective of "what would our worst enemies do with this?" 4) I completely suck at the differences and distinction between "its" and "it's". Please make the necessary corrections. =Dio’s “Chaining Leviathan”, A Response= As the current Constitution has been suborned and ignored to the point that the Document has lost most of its’ authority, it behooves Us, the sovereign individual Citizens of the United States to revise and revamp our Constitution to better control the Government and permit us to live our lives without Government interference. We further state, due to the unique geographic and cultural influences that exist in the United States and her People, to include an inherent suspicion and distrust of Government, that it should be difficult to govern Americans. Moreover, it is natural and proper that Government and its’ Members and Employees exist in a constant state of fear and awe of the Citizenry and their terrible retributions. As a starting point and eternal touchstone, we reiterate the words of our first President, George Washington: Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master. As with any human endeavor, it is natural and expected that Government will seek to expand its’ influence and power at the expense of the Citizenry’s Rights, Privileges and Freedoms. It is therefore the primary Duty of all Citizens to remind the Government that we hold our Rights to be sacrosanct and will act to deprive those who would presume to control us of their positions and very lives. It is imperative that we recall the words of our third President, Thomas Jefferson, and pass them along to our heirs and assigns, indeed to our very posterity: …And what Country can preserve its liberties, if its rulers are not reminded from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure. I. The Old Constitution (henceforth OC), and all of its’ Amendments is forthwith declared Null and Void. This includes Court decisions, case law, and any other legal work that is based on the OC. We acknowledge our antecedents and our place in History. The Ten Commandments and the Common Law as applied in England prior to the Founding of the United States shall be consulted. Any legal precedent cited herein will be regarded as Null and Void where it conflicts with the Natural Rights of the Citizen and/or the Bill of Rights. Moreover, we divide the Law into two broad categories: 1. Malum Pro Se. Such actions as are historically and traditionally regarded as outside the bounds of normal society, i.e., Murder, Theft, Rape, etc. These Laws form the foundation of our society and Nation and may not be lightly disregarded. 2. Malum Prohibitum. Such additional law, as we deem necessary to a free society. Society and public decorum changes and evolves over the course of time; therefore malum prohibitum'' laws shall become Null and Void fifty years and one day after they have been signed into Law. Reinstatement requires specific action by the Legislature, who is further required to begin anew. Simply voting an expired Law back into existence is prohibited. II. Definitions #Citizen. A citizen is a natural human being and sovereign individual loyal to the United States of America. Individuals wishing to become Citizens must agree to abide by American laws and customs, including language, and to swear Allegiance to the United States and the Constitution. A Citizen is the smallest irreducible unit of Government and is at all times presumed able to govern themselves. The Rights and Privileges of a Citizen shall always be given precedence over the needs of the Government. #Government. The Government is a small group of Citizens who have been hired (to include being elected) or appointed in order to benefit the Citizenry and to represent the United States amongst the various Nations. In order to ensure Government’s success on our behalf, We the People grant the Government certain powers as defined and explained below. Exceeding these specifically delineated Powers is an offense against the Citizens of the United States and is punishable up to and including Death. It is plainly stated that we hold Government to be a Necessary Evil, and Government bears the obligation to always and in every instance strive to remove itself from the daily lives of the Citizenry. #States. As the United States occupies a wide swath of territory between the Atlantic and Pacific Oceans with differing climates and populations, it is beneficial to the Citizenry to group together in political subdivisions hereafter known as States. The Rights of the several States, whether individually or in concert with other States, will always take precedence over the needs of the Government. No state may pass a law that violates the Constitution. In case of any conflict between State and Government, that conflict shall always be resolved to the Citizenry’s benefit. Any State, or group of States may opt out of, or otherwise disregard any law passed by Congress that harms or restricts the Rights, Liberties or Freedoms of its’ Citizens. #Law. A legal system is a group of laws that describe an unattainable ideal of behavior and comportment and it is presumed that some, many or all the Citizens will from time to time fall short of those Ideals. Legislation that exceeds the enumerated limits described herein will be null and void and will subject those who propose, vote for, or sign such documents to be subject to removal from Office and to suffer such punishments, to include death, as the Citizenry or group of individual Citizens see fit. Excessive production of ''malum prohibitum legislation is additionally grounds for removal from Office, even if those laws do not violate the Constitution. #Rights. A Right is a benefit or attribute imparted to a natural human being by being alive. A Right exists whether or not a Citizen chooses to exercise a particular Right. This may also be referred to as Natural Rights. #Duties and Responsibilities. The counterpoint to (5.) as cited above. A Right shall be exercised (or not) in such a manner as to cause as little disruption as possible to others. It is a Citizen’s duty to guard the Rights of others as diligently as their own. It is the responsibility of a Citizen to uphold these Rights for all Citizens and a Citizen, or group of Citizens may be held legally accountable for failure to ensure theses Rights apply equally and completely. #Language. A language changes and evolves over time. That idioms and words will emerge, gain acceptance and then be discarded is presumed to occur. As well, the common understanding of a word and its’ application will change over the course of time. Therefore, in cases where confusion emerges because common usage has changed or amended the clear understanding of a given word, passage or clause, the edition of Webster’s New American Dictionary current at the time of final ratification of this Constitution will obtain and shall be the sole arbiter of a given word’s, phrase’s or clause’s meaning and definition. a. Application and Validity of Language. Due to any number of factors, individuals, classes and/or groups will use language in more or less precise and/or sophisticated ways. As it is a natural and expected consequence that Government will seek to accrue power and influence at its’ Citizen’s expense, to include the usage of terms (and definitions of those terms) not commonly used by the general populace, any law or portion thereof that is not instantly understandable at the time of passage by an average Citizen possessed of a high-school level of education shall be grounds to declare the entire legislation invalid and without force. III. Structure of Government The Government at the National level shall consist of three branches, Executive, Legislative and Judicial. It is intended that the three Branches exist in a condition of mutual suspicion as to the motives, intentions and actions of the others. #The Executive Branch. The EB is the heart of the Government and includes the President, the Cabinet, and all unelected and/or appointed officials, including Ambassadors and other envoys to foreign Nations. ##The President shall be directly elected by the Citizens and will serve a four-year term of Office. The President is limited to no more than two terms; those terms need not be consecutively served. No employee of the Executive may serve for more than fifteen years in total. An exception may be made for no more than two additional years so that the employee may train a replacement to a level of competence that is acceptable to the President. The President is responsible for all actions taken by the employees of the EB and may be removed from Office and suffer such additional penalties, to include death, for failure to properly and effectively manage those employees as is deemed necessary. ##In cases of Congressional failure to address the needs of the Citizenry, the President is authorized to issue an Executive Order. An Executive Order has the same weight and validity as any law passed by Congress. Executive Orders will become invalid when Congress addresses the issue by passage of appropriate legislation, but in no case does an Executive Order retain its’ validity and force for more than ten years and one day after promulgation. The President must submit all Executive Orders to the Judiciary for review and remains personally liable for that Executive Order for the duration that an Executive Order is in effect. #The Legislative Branch. Hereafter referred to as Congress. Congress shall be composed of two groups, the Senate and the House of Representatives. Senators are directly elected to a six-year term, but no more than twelve years total. Representatives are directly elected to a term of three years, but no more than twelve years in total. ##Congressional Review. The Congressional Review shall be held every twelve years and will consist of such Citizens as are willing to serve. The review process will examine every Member of Congress and will possess the authority to remove those Members who have violated their Oath to the Constitution. Egregious violators are subject to execution. The place of Execution shall be along Constitution Avenue as room permits. No more than 25% of the House or 25% of the Senate may be removed at any one time. The Citizens removing a Member need not be from the Member’s State. ##Members of Congress who have either fulfilled their maximum terms of Office or have failed to be re-elected may seek employment without restriction. However, ex-Members who gain employment with any entity involved with lobbying or otherwise petitioning or influencing Government shall pay to the Treasury 75% of their income for a period of five years after leaving Office. Their tax obligations will be based on their income before the 75% is assessed. Congress is the only part of the Government that may enact laws or promulgate regulations. Congress is specifically prohibited from delegating its’ authority or abandoning its’ responsibilities to unelected officials or groups of officials, who are by definition employees of the Executive. The House of Representatives is specifically tasked with monitoring and managing the National Budget, to include any disbursement of funds from the National Treasury. Any Bill that is passed in the House without a referendum passed by simple majority of the Citizenry is without legal authority and will subject the Congressmen who voted in support of said Bill to penalties ranging from removal from Office to death. Due to the natural and inevitable tendency of any Legislature to claim authority at the expense of the Citizenry it is presumed that all Bills violate the Spirit if not the actual letter of this Constitution and it is the obligation of Congress to prove otherwise. 3. The Judicial Branch. The JB will act to preserve and defend the Rights and Privileges of the Citizenry against the inevitable predation of the other two Branches. The Supreme Court is specifically enjoined against usurping the legal Rights of the Citizens by declaring a law or laws in violation of the Constitution, especially when such a declaration would shield legislators from the just wrath of the People. #Judges enjoy a lifetime appointment unless found to have diminished capacity due to age or infirmity. Judges shall also be compensated at a level higher level than Congress but lower than the President. #It is expected that legal precepts and situations that inform a decision will change over time and will require subsequent review. Therefore, the legal practice known as stare decisis has no place in American jurisprudence. #Courts will be composed of an odd number of Justices so as to produce a decision and avoid deadlock. The majority share of any judicial panel must always reflect the political and social mores of the community it serves. Any attempt to select members of a Court to produce politically advantageous decisions is an affront to the Citizenry. 4. The Professional Military. The military is permitted to serve without term limits. It is subservient to both the Executive and Legislative Branches, and is subject to Writs and Judgments from the Judiciary. It is understood that a professional Military must be comprised of both warriors to fight the battles and managers to ensure the material needed is available. In times of peace, the managers will gain precedence, and American History is full of examples where managers were forced to conduct combat operations at the unnecessary cost of lives and bloodshed. Therefore, no one will be promoted to command a regiment or squadron without having proved mastery of the combat arms. IV. Responsibilities of the Government These are the specific tasks that we, the People deem necessary to strive towards a more perfect Union. Exceeding these strictures makes the violators subject to appropriate penalties, including death. 1. Currency. The Government is the sole producer of currency that may be held valid nationwide. Local, intra-State currencies are permitted but are not generally held to be valid outside that State. The several States are expected to monitor and regulate said local currencies when applied to interstate commerce, however in the case of disputes, the Government shall establish and maintain an Exchange to regulate such currencies only when needed and may maintain these Exchanges only for the required duration. The currency will be tied at all times to real, tangible items, such as precious metals, agricultural produce, mineral assets and/or real property. Fiat money is specifically prohibited. 2. Borders. The Government is responsible to protect and maintain the national borders. As part of this tasking, the Government is responsible to monitor and if necessary control the access of foreigners to the United States. The Government may deny entry into (or may remove from) the United States people who violate their Oath to the Constitution of the United States or who refuse to contribute to the society by holding themselves separate. The People are free to dissolve, combine and/or create States as they see fit. 3. The Interstate System. The Interstate System is hereby deemed to be of national importance to facilitate the free movement of Citizens and to provide lines of communication and resupply for the Military in times of invasion. The Government is required to be sensitive to the needs of the Citizenry and to adapt to new or emerging technologies in personal transportation. V. Taxation For the Government to operate in the interests of and for the benefit of the Citizenry, it requires funding. 1. Taxes may be levied on only that income that is left over after a Citizen has paid local and State taxes. Additionally, medical expenses and property maintenance, to include mortgage payments and improvements and enhancements to a Citizen’s home and outbuildings are to be deducted from a Citizen’s taxable income. 2. Corporations are liable to pay taxes on profit only. As a healthy and vibrant economy is vital to the national interest, all expenses, infrastructure enhancement/improvement, employee salaries and rental payments are exempt from taxation. 3. The United States is prohibited from assessing more than 10% in taxes from a Citizen and 15% from a Corporation/Business. Additionally, the Government is prohibited from demanding more than double the taxes due in a particular State. Example: if a State has a 4% Income Tax, the Government may not demand more than 8% of a Citizen’s taxable income. The Government may always assess the 15% from a corporation or business. 4. The tax year is from 1 January to 31 December, inclusive. Any Citizen, Corporation or Business is free to set a fiscal year as they see fit, but for tax purposes the calendar year shall obtain. 5. All taxes are due no less than three days and no more than five days before the National Elections so that the Citizenry shall be mindful of their tax burden when they consider their candidates. Since elections are held on the first Tuesday in November, Citizens, Corporations and Businesses have ample time to prepare their returns and therefore no extension is permissible. 6. Congress is prohibited from spending or allocating money that is not in hand. Basing budgets on future or projected revenues is likewise prohibited until those monies are in the possession of the Treasury. 7. Should the Government run out of money, it is to be shut down until such revenues are built up to resume normal operation. Necessary functions such as maintaining the borders and ensuring the validity of the National currency will continue, to be paid for by the individual Members of Congress until such time as the Treasury is replenished. If necessary, liens and attachments to individual Congressmen’s private assets will be made, including selling such assets at auction in order to make up any shortfall. 8. Congress is prohibited from raising the salaries of itself or any other Government official or employee. The only acceptable mechanism to do so is the passage of a national referendum by simple majority. The practice generally known as a Cost Of Living Adjustment, or any other automatic pay raise is denied to the Government and its’ employees unless specifically approved by a referendum. VI. An Incomplete Bill of Rights The position of the United States is that their Creator endows all people with certain unalienable Rights, no matter where they reside. We list here merely a few of them, and call upon all Nations to recognize these and other Rights for their citizens. We are aware of the resourcefulness and inventiveness of our Citizens as well as the same attributes inherent in citizens of foreign Nations. Therefore, any new, refined or otherwise unanticipated methods of exercising the following Rights are presumed to be Constitutional. The Government bears the burden of proving otherwise. 1. Free speech. The Government may not restrict a Citizen’s speech or expression. The Government may enjoin a State from restricting a Citizen’s exercise of free speech and expression. A Citizen may hold another to account in a Court of Law for speaking particularly in cases of slander or libel but beyond providing a courtroom, monitoring the speech and expression is beyond the Government’s ambit. 2. Right to Arms. The primary armed force of the United States is the Militia. The Militia consists of all Citizens not in Government service between the ages of 14 and 80. A Citizen may possess and carry any weapon or instrument of war that is possessed by the Government (including police forces), so long as that Citizen can afford the purchase and upkeep of that weapon. Failing to properly maintain a given weapons system is the only reason that a weapon may be seized. The Government is specifically prohibited from initiating any procedure that would result in disarming, in any way, a Citizen. a. Except in isolated cases involving insanity or egregious disregard for human life, all Citizens regain their Right to Arms upon completion of jail time and/or restitution to the victims. 3. Religion. The Government is prohibited from establishing a National Church. The Government is additionally prohibited from favoring one sect or religion over any other, including atheism. Government employees are free to express their religious affiliations at any time to include plaques, paintings, sculptures and other expressions of religious fidelity. The Government is prohibited from oppressing or marginalizing any religion or sect, whether motivated by doctrine or disbelief. 4. Charity. It is a basic tenet of our shared Judeo-Christian tradition to seek to help those who need it. The Government may not, in any way, shape or form, provide this assistance directly, which is within the traditional purview of religious and private institutions. The Government is encouraged to establish partnerships, to include disbursements from the Treasury, with religious and private institutions to provide aid, food, medical care, shelter and such things that may be needed for those Citizens who cannot care for themselves due to illness, infirmity, or Acts of God. 5. Searches and seizures. No Government employee, agency or department may search a Citizen’s home or place of business without a valid Search Warrant signed by a Judge. No judge may sign a Warrant absent third-party corroboration in addition to the claims of the Government. Again, the Government is authorized to protect a Citizen from the predations of a State. 6. Self-Incrimination. No Citizen may be compelled to testify against him/herself. Additionally, the Government is obligated to provide a speedy trial to those who have been indicted and to provide competent representation when needed. Failure in any of the above is grounds for dismissal of all charges. No Citizen may be tried for the same crime twice, which includes the actions of any of the several States. 7. Redress of Grievances. Any Citizen may petition, bring to Court, or otherwise demand accountability from the Government. Any conflict or inconvenience is to be resolved in favor of the Citizen. 8. Reclamation of Rights. The Government may restrict or suspend a Citizen’s Right to Arms or access to the voting booth while serving a jail sentence. Upon release, including any possible restitution, all Rights are to be restored. 9. Drugs/Alcohol/Sex. No law will be held valid that attempts to restrict or criminalize consensual or voluntary behavior. The Government may restrict certain behaviors while under the influence of certain substances or alcohol, such as operating a motor vehicle on the public roadways, but the Government is prohibited from otherwise restricting the production, possession, sale or use of said substances. 10. Trials and Proceedings. All Citizens are entitled to be judged by a jury of their peers, 12 in criminal cases and 6 in civil cases. Absent a clear flight risk or other intention to subvert the legal process, all accused persons are to be offered a reasonable bail while awaiting trial. If the Government fails to provide a speedy trial, the bail requirement shall be removed and the money/property shall be returned immediately. In cases where the death penalty is applied, the family of the victim may choose and implement the mode of death without interference from the Government. 11. Immunity. No Government prosecutor, nor any Government employee, with the sole exception of the President while in Office, may claim immunity from prosecution or civil action. 12. Police. All members of a police force uniformed or not, armed or not, are Citizens and may not hold themselves separate from the communities they serve. Additionally, since the police are armed, it is the inviolable Right of the Citizenry to resist the predations of any police officer or department with lethal force. 13. Unenumerated Rights. This document cannot list all of the universal human Rights possessed by a Citizen. Any infringement by the Government can be challenged by even one Citizen, and the Government shall be obliged to prove its’ case beyond a reasonable doubt. Additionally, the Government is required to place its’ resources at the disposal of any Citizen whose Rights are being violated by a given State and likewise a State shall support a Citizen against the predations of the national Government. VII. The Process of Law Making Our legal system defines and shapes our society and the individuals who comprise that society and is therefore too important to leave to the predations of politicians. 1. No Bill or proposed Law shall be tendered for consideration absent a referendum passed by simple majority of the Citizenry. Sponsors and co-sponsors of Bills introduced without said referendum are subject to penalties ranging from removal from Office to death. 2. All laws shall be enacted as follows: a Bill (that is to say a proposed Law) shall be introduced in the House of Representatives only. All Bills require approval by at least a two-thirds majority of the House. A Bill, once proposed, is considered Sacrosanct, and may not be added to or amended unless a two-thirds majority of the House concurs. Moreover, any modification or amendment outside the stated purpose of said Bill is specifically prohibited. 3. After passage in the House, a proposed Bill or Law is then tendered to the Senate. The Senate is prohibited from considering or enacting any Law or Bill not passed by the House. In addition, the Senate may not begin consideration of any Bill or Law that has not been passed by the House first. The Senate must approve said Bill by a two-thirds majority and any differences must be sent back to the House for reconciliation. The Senate may propose changes and/or amendments to an original Bill once only. 4. Only after successful passage by Congress shall a proposed Bill be submitted to the President for consideration. The President, being a directly elected representative of the People, is the final bulwark against Congressional overreach, and as such is required to consult with the Judiciary to ensure said Bill conforms to the strictures of this Constitution. 5. Bills must be either signed or vetoed. A vetoed Bill may be overridden by a three-quarter vote of both the House and Senate. Failure to gain this three-quarters threshold will render said Bill dead and gone, and further legislative effort is prohibited until after the next elections take place. 6. As stated elsewhere, all Laws that are not within the malum pro se ''category exist and are in force for fifty years and one day after the President’s signing them into law without regard to the date such a law comes into effect. 7. Tabula Rasa. Any expired law that Congress wishes to reinstate must begin with a blank sheet of paper. Congress is encouraged to consult with historians and legal experts to examine the ''status quo ante that engendered the expired law. A referendum consisting of a simple majority of the Citizenry is the only method by which Congress may re-enact a law verbatim. We acknowledge the limitations of English syntax and common usage, but nevertheless oblige Congress to prove that the language of an expired law, or any portion thereof, is the best wording possible to be included in the new legislation. 8. Congress is additionally obliged to justify wording that is not immediately clear to a Citizen possessing a High School education. Clarity is deemed of more importance than adherence to legal norms or practices. 9. Any Bill that cannot fit on one full-sized newspaper page, recto et verso, using no smaller than 8 point type is prohibited. Violation of this provision is a hostile act against the Rights and Privileges of the Citizenry. 10. Ex Post Facto protection. No Citizen may be tried or otherwise be held accountable for violating a law before it is enacted. 11. Ignorance of a malum prohibitum law is a positive defense. It is the obligation of Government to inform the Citizenry of new laws and regulations and Citizens who are either outside the United States or outside the normal channels of public intercourse are to be granted a period of no less than 90 days to conform to a new law or regulation. It is always the Government’s burden to prove otherwise. 12. Mens Rea. No Citizen may be prosecuted for violating any law unless the Government can prove said Citizen knew his/her actions were illegal. Failure to include a mens rea provision in any legislation is prima facie grounds to declare a law unconstitutional. 13. The Law applies equally, or not at all. Congress may not exempt themselves, any Government official or employee from the provisions of any law. In addition, Congress may not pass or promulgate any law or regulation that exempts any portion of the Citizenry from the provisions of that law or regulation. This includes race, creed and/or employment. VIII. Amending This Document Despite striving towards perfection and betterment in all things, it is acknowledged that Humanity is flawed and therefore prone to mistakes and oversights. As this is the natural state of our existence, it is anticipated that this Constitution will at some point be found wanting as times and technologies change and evolve. 1. Inviolability. It is plainly stated that this Constitution is a valid expression of the Citizenry’s hopes and desires toward a more Perfect Union at the time of ratification. It is further stated that since this Constitution as offered was acceptable to the People and was ratified as such, no word, phrase, or clause may be removed. 2. Process. All proposed Amendments to this Constitution must come from the Citizenry. No member of Government, elected or appointed, may use the power or influence of their Office towards an Amendment beyond their inherent, unalienable Right to Free Speech that any Citizen possesses. a. Any self-appointed group of Citizens may propose an Amendment. The Amendment must lie within the spirit, intent and letter of the Constitution. b. The proposed Amendment may be submitted to the Judiciary to ensure compliance with the Constitution, but this is not a requirement. The Judiciary, for their part, is encouraged to lend their experience and legal knowledge to the Committee so long as this is in writing and must be included as part of the Public Record of the proposed Amendment. c. Should the Committee accept this guidance, the changes and/or annotations from the Judiciary must be clearly identified when the Proposal is tendered to the Citizenry. Participation of the Judiciary is valid grounds for rejection of the proposed Amendment. d. The proposed Amendment will be voted on as part of the normal electoral process, and special elections on proposed Amendments are prohibited. Proposed Amendments must be identical in all ways in all jurisdictions. Any deviation, however minor, will be held as a hostile act against the Citizenry. This includes misspellings and punctuation errors. Those responsible will be deprived of their Office or position without exception, and to prevent further sanction (to include death) they bear the burden of proving, beyond a shadow of doubt, that their error was inadvertent. Blaming underlings, inside or outside of Government, is not a valid defense against further sanction. 3. Quorum. For a proposed Amendment to be adopted, 75% of eligible voters must participate and the proposed Amendment must be approved by 75% of those voting. Should 10% or more of the several States fail to meet this threshold, the proposed Amendment fails and may not be reconsidered until after the next national election. IX. The Several States Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny. -Thomas Jefferson, 3rd President of the United States =A. The Rights of the States Against the Government= The States that comprise our Union are the Citizenry’s most powerful expression of self-governance. The primary role of the National Government lies in these areas: 1. A uniform currency to encourage trade and commerce. 2. A uniform highway system, so that Citizens may travel freely. 3. Secure borders, so that the Citizenry may live without fear of foreign invasion. 4. The Judiciary, so that disputes may be fairly resolved without regard to wealth or position. Bitter experience shows that no matter what walls are erected to protect the Citizenry from the predations of Government, the Government will eventually surpass the limitations imposed upon it, always to the detriment of the People and the several States. As we hold a State to be a voluntary grouping of Citizens who have agreed to govern themselves in a particular and unique manner, the several States are endowed with certain Rights against the Government. 1. Participation in the Union is Voluntary. An area or territory may apply for inclusion in the Union. As that is a voluntary act, leaving the Union is equally voluntary and is expressly permitted. 2. Secession is the result of misdeeds by the Government and the Government bears the burden of proving that the Citizens will endure greater harm as an independent polity than to endure the continued infringements and predations that impelled the secession. 3. As it is hoped that secession will be temporary, all Citizens retain the Rights, Privileges and Freedoms they had while participating in the Union. 4. As stated in Section III, laws passed by Congress are assumed to violate this Constitution unless demonstrated otherwise. Even if a given law exists within the strictures of this Document, a State always possesses the Right to nullify a law passed by Congress. Force may not be used by the Government to ensure compliance. B. The Rights of the Government Against the States Although this document is mainly concerned with the National Government, it is a reality of human existence that government at any level will seek to expand its influence and power at the expense of the Citizenry. 1. The Bill of Rights in all particulars, enumerated or not, are enforced against the several States.